HomeMy WebLinkAbout5118 811 Route 28 Withdrawn Memo TC 08.16.24RRHOUTU 1OWN CLERK RE
AUG 16'24 FM1:52
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5118
August 16, 2024
MEMBERS SITTING (August 8, 2024 hearing): Chairman Steven DeYoung, Sean Igoe, Dick
Martin, Jay Fraprie, and John Mantoni
PETITION 5118: (continued from 7111/24) Christina Meggison. Property Location: 811 Route 28,
South Yarmouth, MA. Map & Lot #: 64.24; Zoning District: B-2, HMOD1 & VC2. The Applicant
seeks a Special Permit per §4I4.3.3 for A] 2 use and:'or §414.6.3 for rear setback relief andior
§414.8.9.4(D) to waive the requirement for a 10-foot landscaped buffer between travel lane and westerly
property line and.'or to waive the requirement to relocate utilities underground from Yarmouth
Architectural and Site Design Standards Section 10 to develop 8 one -bedroom apartments.
The initial hearing for Petition 45118 was scheduled for July 11, 2024. The petitioner's agent requested
via letter on July 3, 2024 to continue the hearing, without testimony, to August 8, 2024, in order to
prepare for and conclude proceedings with the Conservation Commission.
At the July 11, 2024 hearing, audience members interested in the matter confirmed that they could
attend the continued hearing. A motion was made by Mr. Neitz and seconded by Mr. Martin to approve
the request to continue the hearing to August 8, 2024, with the condition that the petitioner or the
petitioner's agent sign an extension agreement. On a voice vote (5-0), the motion was approved.
Subsequently, the petitioner's agent signed an extension agreement.
Prior to the continued hearing on August 8, 2024, the petitioner's agent requested via letter, to withdraw
Petition #5118 without prejudice. The petitioner is meeting again with the Conservation Commission
which could result in further changes to the plans.
At the August 8, 2024 hearing, two audience members were present on this matter, but chose not to
speak. A motion was made by Mr. Igoe and seconded by Mr. Fraprie to allow the petition to be
withdrawn without prejudice. A roll call vote was taken and the following resulted: Mr. Mantoni-AYE;
Mr. Igoe -AYE; Mr. Fraprie-AYE; Mr. Martin -AYE and Mr. DeYoung-AYE. The Board voted
unanimously in favor of allowing Petition #5118 to be withdrawn without prejudice.
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Steven DeYoung, Chairman